Fairbanks, Marsh & Co. v. Crescent Elevator Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The pleadings and lien papers describe the land as definitely as the statute requires, or so near as to identify the same, and the declaration of the court to the contrary was erroneous and in conflict with the statute itself, as well as the adjudications under it. Revised Statutes, 1889, sec. 6709; Dentv. Smith, 63 Mo. 263; Bradishv. James, 83 Mo. 313; Brownv. Wright, 25 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The pleadings and lien papers describe the land as definitely as the statute requires, or so near as to identify the same, and the declaration of the court to the contrary was erroneous and in conflict with the statute itself, as well as the adjudications under it. Revised Statutes, 1889, sec. 6709; Dentv. Smith, 63 Mo. 263; Bradishv. James, 83 Mo. 313; Brownv. Wright, 25 Mo. App. 54, and cases cited; Ball Bros. v. McCrary, 45 Mo. App. 365. (2) Though the description of the premises is not such as the statute requires…
1Opinion of the CourtG-ill, J.
The Keystone Iron Works Company contracted with the defendant to put in the Crescent elevator certain machinery and improvements; and the Keystone Company sublet a portion of the work to the plaintiff, who, failing to get their pay, brought this action for the enforcement of a mechanics’ lien against the elevator building and the land on which the same was situated. On the trial before the court, the enforcement of the lien was denied on the alleged ground that the elevator property was not sufficiently described in the lien papers. From a judgment in favor of the Crescent Elevator Company,…
2Cases cited2 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Brown v. WrightMissouri Court of Appeals · 1887
3Cited by1 opinion
- Hydraulic Press Brick Co. v. WeidnerMissouri Court of Appeals · 1901